of March 30, 2017 No. 17
About approval of "Methodology about check of ex-post"
Based on the subitem 7) Item 11 of the Order of the Government No. 134 of March 9, 2017 about approval of the Regulations on the organization and functioning of the Agency on public procurements, and also its extreme number (The official monitor of the Republic of Moldova, 2017, No. 85-91, Article 223) for the purpose of the prevention and fight against violations and abuses in case of award of agreements / the framework agreements on public procurements and for the purpose of establishment of the single procedure for the organization and conducting checks of ex-post of PRIKAZYVAYU:
Approve methodology about check of ex-post, according to appendix No. 1.
Director of the Agency of public procurements
Appendix No. 1
to the Order of the Agency of public procurements of the Republic of Moldova of March 30, 2017 No. 17
2. The methodology of check of ex-post establishes the procedure of the organization and carrying out activities for the observance check by the buying bodies of the legislation in the field of public procurements conducted by the Agency public procurements (further AGZ), and also procedure for use of the results received within checks.
3. The procedure of selection of procedures of the public procurements or bodies of the public power subject to check of ex-post does not constitute subject of this methodology and is established by means of internal regulation of AGZ, having in basis ratio between risk and efficiency.
4. In this methodology the following concepts are established:
a) check of ex-post (check) – set of actions for observance check by the buying bodies of the legislation in the field of the public procurements conducted AGZ within competence;
b) the decision on initiation of check of ex-post – the administrative act of internal rules and procedures of AGZ by means of which the procedure of public procurements and/or the buying body subject to check is specified;
c) the message on initiation of check of ex-post – the act of informing the buying body of initiation of check of ex-post, of the subject subject check, and requirements concerning documents and information which shall be provided for the purpose of conducting check (appendix No. 1);
d) the report on check – the unilateral act for registration of ascertainings executed owing to check of ex-post;
e) the register of checks – the act of accounting of inspections of ex-post which are carried out by the Agency of public procurements (appendix No. 2).
5. Under the organization and conducting check respect for the following basic principles is provided:
a) legality and respect for competence within check;
b) objectivity and impartiality in the course of conducting check, creation of documents on check and resolutions of measures;
c) ensuring efficiency in case of selection of subject of check by means of the corresponding risks assessment;
d) presumption of conscientiousness and compliance with law by monitoring body;
e) ensuring confidentiality of the data obtained owing to check and personal data protection;
f) accounting of all actions and reports on check;
g) fair accomplishment of functions on check;
h) avoidance of conflict of interest;
i) other principles connected with checking activities.
6. Check of ex-post is initiated owing to decision making about check of ex-post AGZ.
7. Within 3 days from the moment of decision making about check of AGZ sends to the address of the buying body the message on initiation of check of ex-post with indication of information on number of the procedure of public procurement, the buying body, check subject other information, and also specifying to the buying body concerning provision of case on purchase and all documents and information on the procedure of public procurements subjected to check, term and the place of their provision, and also the other information corresponding to stage of preparation for check.
8. By transfer of the message on initiation of check of ex-post it is provided confirmation about obtaining. Thus, informing is performed by means of the registered mail and/or by electronic communication when ensuring confirmation about obtaining is possible.
9. The buying body represents case on purchase, and also any other information on the procedure of public procurement on the address AGZ within 5 working days.
10. Case on public procurement and/or the provided acts are adopted by means of the delivery-acceptance certificate, in this way and return.
11. Failure to provide by responsible persons of the buying body of the documents requested by AGZ represents at the scheduled time offense and is punished according to provisions of Article 327-1 of the h. (7) the Code about offenses of the Republic of Moldova.
12. In case of incompatibility of positions of the serving AGZ appointed for conducting check as it is established in the existing regulations it shall be replaced according to legal provisions.
13. Inspection of ex-post is carried out by the employee of AGZ appointed with respect for the principles established in this Methodology.
14. It is performed in reasonable time proceeding from complexity of the subject subject to check. In urgent cases duration of check can be limited to the decision on initiation of check of ex-post.
15. When conducting check of ex-post the serving AGZ perform the following actions:
a) check observance of legal provisions about planning of procedures of public procurements, about selection like procedure and their initiation;
b) check compliance of holding procedures for award of agreements on the state purchase / the framework agreements with the legislation in the field of public procurements;
c) check procedure for observance of provisions of the law on public procurements during agreement performance about the state purchases / the framework agreements;
d) determine other facts which break or avoided other legal provisions in the field of public procurements;
e) determine the facts representing offenses according to the current legislation and constitute the protocol on offense;
f) constitute the report on check.
16. Are not subject of the procedure of check ex-post:
a) need and feasibility of public procurement;
b) the prices practiced by economic operators – ofertant;
c) procedure for observance of other legal provisions, except provisions in the field of public procurements or in the regulations issued for their application and also calculation or establishment of possible damage owing to non-compliance with applicable legal provisions;
d) physical control of compliance of technical specifications of subject of purchase with really delivered/rendered/executed.
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